tag:www.lukiclaw.com,2013-03-21:/blog/752472019-04-26T17:31:30ZMovable Type Enterprisetag:www.lukiclaw.com,2019:/blog//75247.37191562019-04-26T17:32:30Z2019-04-26T17:31:30Z
Over a year ago, authorities in California finally tracked down an infamous rapist and murderer known as "the Golden State Killer." The suspect was now in his 70s and the crimes had been committed in the mid-1970s and mid-1980s -- but he had been identified through a combination of DNA and detective work.

Where did the DNA come from? Some of it came from his victims -- but the DNA that allowed police to track him down came from his relatives. Those relatives had used for-profit genetic testing sites and public databases like 23andMe and Ancestry. Their genetic information allowed police to narrow down a list of suspects and zero in on one of their most-wanted criminals -- long after he probably expected to get away with his crimes for good.

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Since then, similar investigations have been used more than 50 times to identify criminal suspects. Authorities speculate that the popularity of such genetic databases will continue to grow and eventually give officials the ability to solve thousands -- or tens of thousands -- of previously unsolved violent crimes. In many cases, the suspects that have been identified through these investigative methods were never even on the radar during investigations.

It's important to understand that this is all being done legally -- with the full cooperation of the companies that are allowing their databases to be used. For example, FamilyTreeDNA specifically altered its terms of service agreement to permit law enforcement agencies to upload genetic samples for familial matching. While customers can "opt out," only 1% do so.

Not everyone is a fan of the whole thing. Some lawmakers have even introduced bills to stop police from using genealogy tests to hunt criminals down. Others call it a vast invasion of privacy. For now, however, anyone who ever committed a crime in their youth -- no matter how long ago -- may have reason to be concerned if they left behind DNA.

If you find yourself facing felony charges from a long-ago event, make sure that you have an experienced defense attorney protecting your interests.

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tag:www.lukiclaw.com,2019:/blog//75247.37113582019-04-19T14:17:49Z2019-04-19T14:16:49Z
Drinking and driving is serious, no matter what type of vehicle you're driving.

A man in Sumter County, Florida, is proof of that.

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The man, 45, was arrested recently on a drunk driving charge as he sat in a Club Car golf cart in the middle of the road in The Villages community in Lady Lake. An area resident had reported the man to the local sheriff's office around 7:30 one evening.

The woman remained on the scene and told the responding deputy that she observed the driver asleep at a red light. She went to see if he was OK and said she smelled alcohol and heard his slurred speech before reporting him.

When the sheriff's deputy arrived and began talking with the suspect, he observed the man had watery and bloodshot eyes, according to the police report. The deputy also noted the man had trouble answering questions, such as his name, and that he smelled of alcohol. He had trouble completing a field sobriety test, according to the report.

The man allegedly had a breath-alcohol level of .285, more than three times the legal limit, on site. Before the deputy arrested the man, he searched the golf cart and found an open 1.75-liter bottle of Fireball whiskey and four smaller bottles of Fireball.

When the suspect refused to sign the citation for drunk driving, he was charged with resisting an officer. He was taken to jail and released on a $2,500 bond.

A golf cart isn't the same weight as a car, but this man was a danger to others on the road nevertheless – and to himself -- if the evidence shows he was drunk and a jury convicts him. Being behind the wheel of a golf cart while intoxicated is still a crime, and he should seek vigorous representation.

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tag:www.lukiclaw.com,2019:/blog//75247.37025662019-04-12T15:26:53Z2019-04-12T15:25:53Z
If you get arrested for a crime, it's important to fully understand your rights. In some cases, the authorities may have violated those rights during the arrest or the very commission of the crime itself. That's what happens in entrapment cases.

Essentially, entrapment means that the authorities enticed you to commit a crime just so that they could arrest you. This violates a legal theory stating that "[g]overnment agents may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute."

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If you were not predisposed to commit the crime and the authorities are the ones who caused you to do it, that's entrapment.

For instance, perhaps you've never thought about stealing a car in your life. Then, while you're walking home, a man comes up to you and asks if you'll help him steal a nearby BMW for $1,000. Seeing a quick way to make $1,000, you agree to do it, and the man then reveals that he's a police officer, and he arrests you. That's entrapment.

However, the authorities can give you a chance to break the law, as long as you make the decision yourself. For example, they sometimes leave "bait cars" in areas with a lot of car thefts. They then watch and arrest anyone who attempts to steal them. If you tried to take that car, you couldn't claim it was entrapment, because they didn't make you do it or encourage it.

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tag:www.lukiclaw.com,2019:/blog//75247.36943082019-04-07T12:58:05Z2019-04-05T16:08:04Z
Getting back into the working world following a criminal conviction can be very difficult and stressful. You need to work, you want to work, and you likely know in the back of your head that it will be challenging to do so. It might even feel impossible to secure employment. Here are some tips for finding a job with a criminal record in Florida.

First and foremost, it's important for you to be open and honest during every job interview. Don't try to hide the fact that you have a criminal record. The employer will conduct a background check and investigation, which means they will wind up finding your record one way or another.

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Consider reaching out to your contacts. These include family members, friends, former employers and anyone else in your life who might be able to help you find employment. When you reach out to your contacts make sure they know your whole story and aren't kept in the dark about your past.

When at job interviews, talk about all of your specialized training. This can be training you received before, during or after incarceration. Training might put you above other candidates, including those who do not have criminal records.

If there are programs near where you live in Palm Beach Gardens that help ex-cons find jobs, take advantage of those programs. These programs might offer training, help with job interviews and even provide assistance with job placement.

Finding a new job with a criminal record is never easy. You should follow the tips outlined in this post, especially the one about being honest in an interview, and also work with an experienced attorney to guide you in the right direction.

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tag:www.lukiclaw.com,2019:/blog//75247.36942162019-04-05T13:41:35Z2019-04-05T13:40:35Z
If you are facing any type of criminal charge, you probably feel overwhelmed and confused. What did you do to find yourself in this situation? What should you do next? Is it possible to fight these charges? These are just a few questions you may have after an arrest in Florida and the filing of formal charges.

One of the most important steps in fighting back against any type of criminal charge is figuring out exactly what you're up against. Understanding the charges against you is the first step in developing the right type of defense strategy for your unique situation. You will need to know if you are facing a felony or misdemeanor charge. This is an important distinction in the nature of your case and the severity of the penalties you could face.

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Misdemeanor versus felony crimes

Misdemeanors and felonies are the two main categories of crimes. Within these two groups, there are often different levels, and it can be confusing to understand how serious your case is and what the potential penalties may be if convicted. You may find it helpful to have a basic understanding of the two main types of crimes, which are as follows:

Misdemeanor -- More serious than a basic infraction, a misdemeanor is a crime that does carry the potential for jail time of less than one year. In most situations, people convicted of misdemeanors serve time in local jails rather than high-security prisons.

Felony -- A felony is a more serious type of crime. The specific definition of a felony differs from state to state, but it can include the possibility of time in prison, lengthier sentences, significant fines and more. Felony charges are typically for crimes viewed as severe or grossly offensive to society -- such as murder or arson.

It can be tempting to underestimate the serious nature of a misdemeanor offense, but that would be a mistake. A conviction of any type of crime has the potential to alter the course of your life and limit your future opportunities.

The importance of a strong defense

No matter what type of crime you are up against, you would be wise to take immediate action to protect your interests and start developing the most appropriate defense strategy for your individual case. Any charge is a threat to your long-term well-being and personal freedom, two things that are worth fighting for with a strong defense.

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tag:www.lukiclaw.com,2019:/blog//75247.36850832019-03-29T15:49:13Z2019-03-29T15:48:13Z
There's no question that domestic violence is a real problem, with real victims. Those victims deserve a great deal of empathy and assistance.

Unfortunately, false domestic violence allegations also happen. While not the norm, false allegations are sometimes a cynical and calculated move on the part of one spouse against the other during a divorce.

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And, unfortunately, the tactic can be effective.

Because the law is designed to operate in order to protect the victims of actual domestic violence as quickly as possible, it takes very little effort for someone to go to court and request an emergency protection order against their spouse.

Did you have a yelling match with your spouse where you grabbed her hand to emphasize a point -- even though you neither injured her nor intended to do so? Did you block the doorway for a moment trying to get your spouse to listen to you rather than allowing him to storm out in the heat of the moment? All of that can be exaggerated in court in a hearing in front of a judge -- and you won't be there to defend yourself during that emergency hearing.

Even worse: Your spouse could simply make up the whole thing. Take the case of Johnny Depp, whose career and reputation both took a nosedive after his ex-wife revealed that she was the victim of domestic violence. Now, he's suing for defamation -- and seems to have a considerable amount of proof that she was actually the aggressor and faked being the victim in order to gain sympathy and momentum in her career.

If you've been falsely accused of domestic violence during your divorce, it's time to get smart: Get an experienced attorney on your side. A mistake now could damage your future for years to come.

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tag:www.lukiclaw.com,2019:/blog//75247.36732812019-03-21T11:49:29Z2019-03-21T11:48:29Z
In Florida, if you are convicted of driving under the influence, you could be required to have an ignition interlock device installed on your vehicle. It's just another one of the inconveniences and costs you could be forced to endure with a DUI conviction.

With an ignition interlock device, a car won't start if the driver doesn't blow a suitable breath sample of less than .025 percent blood alcohol concentration (BAC), if the conviction occurred after July 1, 2013. For those convicted before then, the threshold is .05 percent blood alcohol level.

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A driver also will hear an alarm that indicates it is time for a "rolling retest," which requires them to blow into the device within three minutes.

And the cost of the device? The devices aren't available at just any big-box store. A driver must make arrangements with one of the state's approved providers to have it installed at a cost of about $70. It costs another $65 to $75 per month for monitoring and calibration.

The ignition interlock device program took effect in the state in mid-2002 and affects anyone found guilty of DUI who seeks to have their restricted or permanent driver's license reinstated.

If the request is granted, a driver will receive a license bearing what is called a "P" restriction. That indicates an ignition interlock device is required the day the license takes effect.

First conviction with BAC level 0.15 or higher or with a minor in the car requires its use for at least six months

Second conviction requires its use for a minimum of one year

Second conviction with BAC level of .15 or higher or with a minor in the car requires its use for at least two years

Third conviction requires its use for a minimum of two years

Fourth conviction and above requires its use for at least five years

A DUI charge can have serious consequences beyond the installation of a device for Florida residents. An attorney with experience in such cases should be consulted as soon as an arrest occurs.

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tag:www.lukiclaw.com,2019:/blog//75247.36673402019-03-14T21:51:32Z2019-03-14T21:50:32Z
Palm Beach Gardens, an ordinarily idyllic region, has received much notoriety in recent weeks regarding an ongoing investigation centered on prostitution and human trafficking in area day spas. Several days ago, this investigation resulted in the arrest of the then-president of Kolter Homes, a respected community development company.

According to media outlets, the charges against the defendant include soliciting prostitution and using a structure for the purpose of prostitution. The defendant has been speaking to the press but has not revealed much about his case. What he did reveal was his immediate resignation as president of Kolter Homes.

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Among the reasons for his resignation, the defendant cited wanting to focus on his family. He also stated that resigning his position may allow the company to "continue on building great communities." The chief executive officer (CEO) of the Kolter Group acknowledged the resignation in a statement to the press.

One thing that this continuing investigation has shown is how people from all walks of life can face arrests and other serious legal issues. It is important for everyone to remember that the American justice system serves all citizens from the affluent to the destitute. The premise of "innocent until proven guilty" is the cornerstone of this system.

Building the strongest criminal defense possible is the right of all U.S. citizens regardless of their status or their income. Allowing the shame of arrest to stop you from defending yourself is never a good decision. As such, it is wise for anyone facing charges in Florida to acquire legal representation in order to better navigate the system of justice that protects the nation's population.

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tag:www.lukiclaw.com,2019:/blog//75247.36539562019-03-08T03:01:34Z2019-03-08T03:00:34Z
When you hear the words "domestic abuse," you probably envision someone physically, verbally or sexually assaulting someone he or she is supposed to care for and love. You are right in thinking that those are forms of domestic abuse, but other behaviors could fall under that definition as well.

Did you know that you could face false accusations of domestic abuse because you handle the family finances? What may have worked for you as a couple during your marriage could now end up used against you in a divorce.

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What constitutes financial abuse?

Not everyone is good with money. Perhaps you and your spouse realized that he or she falls into this category. When you got married, you agreed that you would handle all of the finances. Perhaps you even give your spouse an allowance in order to restrict spending that could get out of control. This probably worked well for some time during the marriage, but now that the relationship is ending, your spouse may claim financial abuse by accusing you of the following:

You kept money from your spouse.

You stole money from your spouse.

You didn't allow your spouse to work.

You made your spouse account for every dollar spent.

You took your spouse's credit cards away.

The assumption is that, by controlling all of the money, an abuser can control his or her spouse. The victim feels trapped, unworthy and unable to leave. Financial abuse is often a symptom of larger domestic abuse issues within a relationship. Your spouse may have only intended to sway the opinion of a Florida divorce court, but he or she could end up making you the target of a criminal investigation.

Don't make the mistake of dismissing your soon-to-be former spouse's accusations. If you do, the situation could quickly degrade into criminal charges. After all, your spouse levied false accusations against you and now may attempt to keep up the story once police are involved. It becomes a case of "he said-she said," and the law tends to lean more toward the victim.

You could face an uphill battle

You could end up fighting this battle on two fronts -- in a divorce court or in a criminal court. It would be to your benefit to make sure that you have experienced advice and assistance on both fronts. You don't want to risk your freedom by not having the right legal advocate on your side.

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tag:www.lukiclaw.com,2019:/blog//75247.36534142019-03-07T03:20:14Z2019-03-07T03:19:14Z
Domestic violence is a serious crime, and no one deserves to be a victim.

However, sometimes, people can find themselves accused of domestic violence – perhaps by an angry former partner who wants revenge for a breakup, for example – but those allegations can have a lasting impact.

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Once you're linked to domestic violence, it becomes difficult to become unlinked. If you are reported to the police for allegations of domestic violence, you could be arrested and charged, even if the accuser recants the report.

Such an accusation that comes in the midst of a divorce can impact your chances of being awarded child custody or visitation. You could lose your job. And if a restraining order has been granted to the accuser, under federal law, you can't purchase a gun, if you wanted to.

What can you do if you are being falsely accused, or fear you might be?

Start by watching what you say. If you are being questioned by the police, don't say anything that could incriminate you in court. You do have the right to have an attorney present. Also, don't say anything to the alleged victim that could make the situation worse.

You also should change all of your passwords. Your partner just might know your email password, for example, and could sign on as you from a computer you've been known to use and send a threatening message, supposedly from you. That message could be enough to take to the police and have an investigation launched.

The effects of an accusation of domestic violence can be devastating – even if it's false. You will need an attorney on your side to help you fight the charges, and it is never too early to consult with an attorney if you believe a partner might allege you have committed a violent act in your relationship.

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tag:www.lukiclaw.com,2019:/blog//75247.36459382019-03-01T04:23:21Z2019-03-01T04:22:21Z
A Miami man says police had no legal right to search his vehicle in May 2018 once they smelled the scent of marijuana.

His side said now that marijuana is legal for a limited, but growing, number of Floridians, the smell of marijuana isn't a telltale sign of unlawful behavior.

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The 24-year-old man, however, doesn't have precedent on his side. Supreme courts in other states have said the smell of marijuana constitutes probable cause for a search.

And the prosecutor handling the case in Miami-Dade County said that using marijuana in public and in cars still is a crime; therefore, probable cause is allowable.

Florida is among the 33 states that have approved the use of marijuana for medical purposes. Ten additional states allow recreational marijuana, even though federal law doesn't.

In 2016, Florida voters approved a broad use of medical marijuana. Lawmakers limited the use to oils, edibles and bills but not smoking.

"In most states now, there is marijuana allowed for a lawful purpose. That just makes ‘probable cause' much more complicated," a professor of marijuana law and policy at the University of Denver told the Tampa Bay Times.

In the Florida case, the man didn't say he has a card to allow for use of medical marijuana, but he still contends his car was illegally searched. He has been charged with possession of cannabis with intent to deliver or sell and the possession of more than 20 grams of cannabis.

The courts will rule on this man's case. But whatever is decided, this case brings up interesting legal scenarios that will have to be answered as medical marijuana usage spreads.

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tag:www.lukiclaw.com,2019:/blog//75247.36357252019-02-22T02:14:27Z2019-02-22T02:13:27Z
As a parent, you want to make sure that your children avoid the worst of life's pitfalls. The thought of your child abusing drugs is unfathomable to you, but you are also realistic about the temptations kids face today.

Parents can steer kids away from dabbling in drugs, but they have to be armed with the facts and offer appealing alternative activities to their children. Parents may want to employ the following tips to steer teens away from drugs.

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Use fact-based arguments

"Drugs are bad, so don't do them" is a weak argument. Dig deeper and arm yourself with facts and concrete examples of the abject despair that pervades the lives of drug abusers.

Focus on healthy living

From a young age, get your kids focused on living healthy lives unadulterated by substances. Children learn what they live, so set a good example.

Teach them to have fun sober

When kids start drinking and drugging at a young age, they forget how to have fun sober. This sets them up for a lifetime of substance abuse.

Despite a parent's best efforts, some kids will dabble in drugs. Of that group, a percentage will go on to become addicted to one or more illegal drugs and/or alcohol. Still others will run into legal difficulties because of their substance abuse problems.

Parents can intercede after a teen's drug arrest. A South Florida criminal defense attorney can direct their defense strategy to give them the best shot at avoiding the pitfalls of a drug conviction.

In some cases, defense attorneys can arrange plea bargains for youthful offenders. In lieu of a jail sentence, the court may order a teen to successfully complete a stint in rehab. Often, that is the best possible outcome for all.

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tag:www.lukiclaw.com,2019:/blog//75247.36259372019-02-14T12:31:43Z2019-02-14T12:30:43Z
You'd been looking forward to that reunion with college friends for weeks, and it didn't disappoint. It was a lot of fun, sharing stories over dinner and drinks.

But don't sour those memories by getting in the car after having had too much to drink.

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If you're arrested on drunk driving charges, your life will change in an instant. Here's a glimpse of what you likely will face if you are arrested and ultimately convicted of DUI in Florida. Be warned: none are enjoyable, and some could cost a lot of money.

You'll be arrested, put into a police car and hauled to the closest jail or police station. There, you'll have your mug shot taken, and you'll also be fingerprinted.

You'll need to go before a judge.

If you're convicted, you will have your driver's license suspended – even if it's your first offense. In Florida, you could lose your license for six months to one year. You can apply for a hardship license to allow you to get to work or school, but your ability to go places freely will be strongly reduced.

You'll be assessed a fine – and that's just the beginning of your financial repercussions. In Florida, your fine will be anywhere from $500 to $2,000 if this is your first conviction. If you are driving with a minor in your car, or your blood alcohol is 0.15 or higher, count on paying anywhere between $2,000 and $4,000.

Plan on doing community service. For first-time offenders, Florida requires a minimum of 50 hours. You can pay an additional fine in lieu of the community service.

Jail time or probation. For a first conviction, you could receive up to six months behind bars, or nine months if your blood alcohol is 0.15 or higher or a child was in your car. Jail time is at the court's discretion. You could receive probation of as long as one year.

Attend a DUI school to have your license reinstated. This entails hours of classes and a personal assessment. You will be charged for this education.

Budget for higher auto insurance premiums. They could double or triple.

That night out just got very costly.

You'll undoubtedly want to hire an experienced DUI attorney if you believe you were wrongfully charged. Still, any DUI case could warrant representation.

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tag:www.lukiclaw.com,2019:/blog//75247.36157052019-02-07T07:36:29Z2019-02-07T07:35:29Z
Divorce isn't easy, no matter what the circumstances.

But what happens if the person you're divorcing walks into a Florida police station and accuses you of abuse, even if you know you just barely touched their arm as they walked by you?

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You could find yourself in a lot of trouble.

Domestic violence allegations, unfortunately, arise frequently amid a separation or divorce. In many instances, those allegations are shown to be true. But in other cases, especially when one partner is particularly angry and seeking to enact their own justice, the accusations can be completely unfounded. Often allegations are made to try to assure a judge will rule on child custody against the accused parent.

An order of protection against you could follow. It isn't too hard to get such an order, which means you can have no contact with the accuser. You could be forced to leave your home and your children.

You could be arrested on charges of a Class A misdemeanor if you are accused of violating the order of protection, too.

From the moment you are accused of domestic violence – and certainly no later than the time the order of protection is issued -- you'll need to have a defense attorney on your side. A protection order, even if it was born from false allegations, can have devastating impacts as your divorce proceeds, especially in the child custody arena.

You'll also want to move quickly to clear your name. You will want to go into court during your divorce or custody proceedings with that protection order dismissed or vacated. You undoubtedly don't want anything to get in the way of spending time with your children.

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tag:www.lukiclaw.com,2019:/blog//75247.36130892019-02-05T16:51:34Z2019-02-05T16:50:34Z
Are you facing trespassing charges in Florida? If so, you could be facing penalties that can alter the course of your life. It is in your interests to protect yourself with a strong defense, but where should you start? The foundation of any strong defense is a complete and thorough evaluation of the case against you.

One of the most important steps you can take when facing these charges is to seek immediate defense help. These are serious criminal accusations, and your future is worth protecting to the best of your ability. By seeking help as soon as possible after an arrest or the start of an investigation, you can better understand what you are up against and how you can fight for your freedom and reputation.

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Florida trespassing laws

Essentially, trespassing is a criminal offense that involves going on or into someone's property without his or her permission. This may not seem like a big deal, but Florida laws take property rights and privacy seriously. You are facing penalties that may include time behind bars, a permanent mark on your criminal record and much more. Common violations of the state's trespass laws include the following:

Occupying the property of someone else without consent

Entering private property with the intent of interfering with a business

Refusal to leave a public building or place during hours when it is closed

Refusal to leave private property after the owner asks you to do so

It can be difficult to prosecute trespass crimes because the law requires that there be proof of intent. This is intent that you willfully entered the property without permission or that you refused to leave after the owner or manager of the property asked you to. Sometimes, trespass charges are the result of a miscommunication or an argument between a property owner and an invited or expected guest.

Don't fight back alone

Criminal charges, no matter the kind, are a threat to your future. Trespass charges are actually quite serious, and they merit a strong defense of your interests and personal rights. With the right help, you can effectively confront the case brought against you by the prosecution.

If you are unsure of what you are up against or you believe you could be facing charges at some point in the future, you may want to start with an evaluation of your case. An experienced defense attorney can explain the specific options available to you.